|
|
Facts and Events
A transcription of his will:
In the name of God Amen I Henry Payton of Dudley in the County of Worcester yeom being of perfect memory (blessed be God) & considering my mortality do [make] this my last will & testament in forme following: that is to say, first I give my [
] selfe soule & body to my gracious(?) God, hopeing for salvation onlasting through J[esus] Christ my Redeemer, desireing my body may be decently buried, & expecting a joyful resurrection at last day: next I devise my wordly Estate as herein expressed, that is to say, I give to my loveing wife Ann Payton & her assigns all my messuage or tenemt wherein I now dwel, with the barnes buildings garden backside & crofts of lands thereto belonging. And all my two acres of land lying in Pottersfeild in Dudley aforesd, And also all the three acres of lease lands in the said fields, with cha----(?), To hold to the said Ann & her assigns during her life, if she so long abide in widowhood & unmarried againe: But if [
] the said Ann shall take any man to husband after my death, Then my will is & I do devise it that from and imediatly after such her intermarriage with any man all the Estate of the said Ann & her assigns in the said messuage lands & premises afore bequeathed, shall cease & end, and that the said messuage lands & premises afore devised to her shall come & descend to my Son John Payton & his heirs for ever: provided nevertheless I do so devise the same, that in such case, My Son John & his heirs shall truly pay to the said Ann & her assigns during her life the yearly sum, Rent, or Anuity of five pounds of English money [
.] above Taxes & Rep[
.zes] on the last day of March and last day of September by equal porcions; To be yearly issueing of the said messuage lands & premises, And to bee instead of parte of her Dower of or in al my lands & Tenants: And if it hap that the said yearly Rent or Anuity of five pounds or any pt thereof, shalbe unpaid fourteen daies next insueing any of the daies when the same ought to be paid; & shalbe lawfully demanded at the said messuage, Then I do devise & grant to the said Ann & her assigns liberty power & authority to enter into the said messuage lands & premises fore devised to her, or into any pt of the same & detaine as oft as need shalbe, & the distress(?) and distresses(?) thi[
] had to take away & detaine till the said Anuity or yearly rent then afore due & all awe[..]she[..] of, & resonable charges of distraineing(?) for it, shalbe satisfied & paid to the said Ann & her assigns. Item I give to the said Ann & her assigns all my two or three closes of land called Thornes lesow [& all my acre of land lying in Canndyfeild crossed out] in Dudley aforesaid, And all those my two closes of land benig(sic) part of my land called Fighous, in the Manour of Dudley aforesaid, whereof one close is joining to the Portway [
.], & the other close is joineing to the land of my cosin John Payton the olde(?) (which said two closes have a waterpit in them), with [cha
es], To have & to hold to the said Ann & her assigns dureing her life, absolutly; unless it shall hap that the said Ann or som one in her right shall sue(?) any writ of lawe(?) of my lands; my intent being that the same(?) land bequeathed lastly to her, shalbe in full recompense of her Dower of & in all my lands; And that if she shall [
] to recover by law any dower aforesaid, then her Estate in the said last bequeathed lands under the last Item mencioned shall cease & end. Item I give & devise to my daughter Elizabeth Payton & her heires & assigns all the other three closes of my land called Fighous lying in the said Manour, with [cha
es]; And also the other two forementioned closes of my land called fighous, And the [..] [
..] & [
ing] of the same lands called fighous & every part thereof, (saveing to my said wife the Estate therein to my said wife foregiven,) To have & to hold to the said Elizabeth Payton & her heires & assigns for ever; yet nevertheless provided(?) I do so devise it that if it shal hap that my son John Payton or his heires shall truly pay to my said daughter Elizabeth or to her executors administrators or assigns the sum of one hundred & threescore pounds of English money at one intire payment at such time as the said Elizabeth shall attaine to her age of five & twenty years, if the said Elizabeth had so long lived, that there & thenceforth all the estate of the said Elizabeth and her heires and assigns of & in all the said lands called fighous shall cease, becom void, & end; And in such case from & after the payment of the said one hundred & threescore pounds in forme aforesaid, I do give & devise all my land called fighous aforesaid unto my said Son John & his heires forever, saveing to my said wife her Estate therein afore devised: And my will is that my wife shall have the education of my daughter Elizabeth; & the rents and profits of the said lands belonging to the said Elizabeth for her maintenance til the said Elizabeth comes to her age of twenty five yeares, or shalbe placed in mariage afore that age, being married with consent of my said Wife & my said cosin John Payton & my Brother in law Richard Willets, or som of them. Item I give & devise to my said son John & his heires all that my land which I have in mortage, being a part of the lands called Ainesley, in Dudley, or by whatever Title [
..] the sam, and all money that shall hap to be paid by the heires(?) of Laurence Payton for redemption of Ainesley land: And also I give to my son John my lease of a parte of Anesley land called Shimelsclose(?): And I give to my son John all my lease of Yokspark(?) land in Dudley. And I give to my son John & his heires for ever all that my acre of land lying in Cannryfeild in Dudley. Item I give & bequeath to Katherine daughter of Richard Parks of Tipton in the county of Stafford all that messuage or tenement wherein John Chambers dwels, situate in the manour of Dudley, & the buildings & close of land thereto belonging called Birches Close, To hold to the said Katherine & her assigns dureing her life in case she survive my son John, provided my will is & I devise that my said son John shall have the same dureing his life: Also I give to the said Katherine dureing her life all my two or three closes called Thornslisow, if the said Katherine shall survive the said John my son, & the said Ann my wife, my will being that my said wife shall have the said Thornslisow dureing my said wifes life as [
] afore is to her devised. Item my will is & I devise that if the said Katherine die afore my son John leaveing Issue of her body then liveing, in such case my said son John & his heires shall convey & selle by good assurance in law all that messuage or tenement now in possession of the said John Chambers with the building & close of land called Birches & the two or three closes of land called Thornslessowes aforesaid, unto & upon the said Issue of the body of the said Katherine, [..] the [
] one child or more children, or on som of them then liveing in reasonable maner, To hold to the same child or children (after the death of my said son John, ) & to the Issue of the body of such Child or children begot & to bee begot, And in default of such Issue, then to remaine to my son John & his right heires forever, provided my will is that my son John shall reserve the said lastmencioned lands for his his (sic) life in such conveyance & [s
] of them to be by him made as aforesaid Item I give to my said son John my waines(?) Tumbrels plowes yokes geares harowes shaires(?) & husbandry tooles, & my Brushes(?) & wainscot(?) in all my house roomes, & long table forme(?) & bedstid(?) in my parlor, he the said John paying to Jane daughter of Jonathan Ruston my son in law, Twenty shillings of English money when the said Jane shall com to her age of one & twenty yeares. Item I devise that my executrix shall pay to each of my Grandchildren except the said Jane Ruston, the sum of Twenty shillings a yeare, as they shall accomplish respectively of age of one & Twenty yeares. Item I devise to my cosin Timothy Payton all my [T
.] in Crooksland, he & his executors & administrators paying to my cosin John Paytons children Twenty shillings, to be equally divided betwixt them, to be paid into the hands of their father within one yeare after my death, for their use, whose Acquitance shalbe a discharge to the said Timothy for the said Twenty shillings so paid; And paying also to my cosin Thomas Payton brother of the said Timothy, ten shillings at sam time Item I declare that I have already paid to my son in law Richard Bach several sums of money amounting in the whole to the sum of forty nine pounds of English money towards satisfying him the said Richard Bach for that fourscore pounds for which the aforesaid part of Ainesley land was to him the said Richard by me conveyed formerly in writing, in considerent(?) that the said Richard should reconvey to me or whom I should appoint the said Ainesley land, upon receit of the said fourscore pounds, And now I declare that if I do not live to pay to the said Richard Bach the residue of the said fourscore pounds then I assign & appoint my executrix to pay that residue, benig (sic) one & thirty pounds in full of the said fourscore pounds: upon receipt whereof that is of the said residue my will is that the said Richard Bach shall reconvey the said Ainesleyland & all his Right, Title, [
] & demand of him & his heires executors administrators & assigns in, of, or to the same land unto my said son John & his heires; to which my son John I give al my Terme & lease in the close of land which I hold of the lease of John Taylor Clerk [
.] his wife: Item I give all my goods money & catels & chattels ([
.] fore otherwise devised) I give the same to my said loveing wife Ann Payton, which said Ann I make the sole executrix of this my last will & Testament, revoking all former & other wills by me made, & [
.] my said executrix to pay my debts & funerals [h
ly]. In witness whereof I have hereto put my hand & seale this Twenty fourth day of November in the Twenty third yeare of the reigne of our [S
] king Charles the Second over England Ano Dom 1671
Sealed & delivered & som Razures & interlinenigs made afore sealeing, in the presence of us John Taylor, Clement Jenings, Elizabeth Shaw wife of [
] Shaw her mark
Henry Payton his mark (a large H) *
Item I give five pounds of English money to be imployed for the use of the poore people of Dudley, so that the yearly increase thereof may be distributed to som of them yearly on the foure & twentieth day of December, the stock being still kept whole undiminished, which said five pounds I have now put into the hands of my said son John, to improve & imploy accordingly, this benig aded as part of my will afore writ, & by me added afore my sealing above said: And in all other things I confirm my foregoing will abovewriten: witness the marke of me H Henry Payton
I Henry Payton the Testator of the last will to which this codicil is annexed have thought fit to declare my will somewhat farther in som particulars, that is to say I give to my daughter Mary Ruston twenty shillings, And to my daughter Sara Bach five pounds English money instead of any promised by me made at any time to the said Sara & her husband or to either of them; which money I appoint my Executrix to pay to them [
.] within one year after my death. And whereas I have afore bequeathed or devised that one hundred & threescore pounds of English money shalbe paid to my daughter Elizabeth, or her executors administrators or assigns by my son John Payton or his heires when the said Elizabeth shall attaine to or might attaine or com to the age of twenty five yeares, instead of all the land called fighous afore devised to the said Elizabeth & her heires & assigns for ever ( as by the writing of my said will may now fully appear(?); But no plan is thereby appointed for payment of the said money to the said Elizabeth, I do therefore hereby devise & appoint that the place of payment of the said one hundred & threescore pounds shalbe the now dwelling house of John Taylor of Dudley aforesaid Clerk, And that the said John my son & his heires shall give notice of the said place of payment, & of the time of payment of the said money to the said Elizabeth or her executors administrators & assigns the space of twenty daies next after such payment shalbe made; And that if the precise(?) or exact age of the said Elizabeth hap to be then mistaken, [
] if the said one hundred & threescore pounds of English money shalbe paid according to the true intent of me in the said will declared, or within Thirty daies next after the dame shalbe so payable by my said will, that then no disadvantage shalbe to the said John my son or his heires by any such mistake of the precise(?) day of payment, but the payment of the same money so made within the Thirty daies aforesaid shalbe as effectuall to cleare that land called fighous, as if the same had been made & don on the exact precise day aforesaid. And in all other things I confirme my said last will & the executrix therein named: witness my hand & mark to this codicil hereput the xxxth day of November ano dom one thousand six hundred seventy one [..] by me Henry Payton, this being my H mark
Witness hereof John Tayor
I Henry Payton the Testator aforesaid do declare my will somewhat farther, that is to say, that whereas I have afore bequeathed to my wife all my Goods catels & chattels not otherwise afore bequeathed: now my will is & I devise that my said wife shall have the useage of the said Goods catels & chattels dureing her life, And at her death I give the same to my three daughters Mary Russon Sara Bach & Elizabeth Payton, to be equally divided between them: And I confirme my will & codicils in al other things as I [
] meaning is: witness my hand hereto put the xviii day of December ano dom 1671 by me Henry Payton (H) this being my marke
Witness hereof is John Taylor:
[probate 5 October 1672]
An Inventory of all and singular the goods Rights and Credits of Henry Payton late of Dudley in the County of Worcester yeoman deceased, Taken & apprized September the thirteenth day Anno Dom 1672 by John Payton of Tensly Hill Rich Willitts Rich: Bach Jonathan Payton John Payton of Dudley Esq as followeth [
]
Impris in the Hall house One two Joyne Stooles, One Strand(?), One little table, two Chaires, One little Cupboard & three Shelves --------- 00:16:00
Itm Thirteen pewter dishes, One flagon, One pewter Can, two pewter Cupps One pewter Candlestick two porringers & other odd pewter and like things ------ 01:07:00
Itm Brasse One pan, One Pott, One Kettle, One Cuttler Kettle & Skelett & [
.] one warming pan and other odd brasse ------01:04:00
Itm Booder(?) Bacon(?) dripping pan, fire shovel firegrate Pailes and odd Implements ---- 01:00:00
Itm One Spitt & Cobbering ----- 00:04:00
Itm in the Parlor his purse and wearing Parlor(?) ------------- 05:00:00
Itm One great table, One little table and formes(?) ---00:18:00
Itm a wainescoat Dresse a pewter dish, two Cushions & Bedstead vallenes(?) --- 01:00:00
Itm a Bed Coverlett & featherbed and all things belonging to it and a True Old(?) bedd -06:00:00
Itm One Chest, One Coffer two Boxes, One Chaire & odd things ----- 01:00:00
Itm: a Carpett -----00:08:00
Itm three payre of flaxen sheetes --- 01:10:00
Itm two payre of hempen sheetes --- 00:16:00
Itm Several Payre of Hurden Sheetes----- 01:08:00
Itm Some(?) flaxen napkins & towels --- 01:00:00
Itm Table Clothes & pillow bures(?)---00:10:00
Itm in the Kitchen One Iron pott, a little Brasse pott & three Kettles --- 01:03:06
Itm the Tubbs Barrels & all the wooden ware ---- 01:03:01
Itm in the little Room next the Kitchen One Cheese presse & some odd things ---- 00:12:00
Itm in the little Room next the Hall One breading trough Baggs Shelves & other odd things ---- 00:18:00
Itm in the Chamber over the Hall house One Bedstead & Clothes --- 00:13:04
Itm Corne in that Chamber worth 02:00:00
Itm in the Chamber over the Parlor One Bedstead & bedding belonging to it - 03:00:00
Itm One Chest -----------00:10:00
Itm a Table a forme & shelves ---00:13:00
Itm Wooll Yarne & Towe ----01:00:00
Itm Butter & Cheese ----- 02:10:00
Itm in the Chamber over the Kitchen One little Table two Chayres One Bedstead and Bed furniture ------------ 04:00:00
Itm Corne & Hay in the Barne worth 24:10:00
Itm the waine Tumbrell & wheeles under them and all the other husbandry tooles of all sortes ----- 06:24:00
Itm the Cattle thus: That is to say Two Oxen worth ----- 08:00:00
Itm four Cowes worth ----- 08:10:00
Itm four horses worth ---- 7:00:00
Itm the stock of sheep worth ----- 10:00:00
Itm the Store Swine ---- 02:00:00
Itm in Debts due for Cole & Stone Carriage ---- 09:08:09
Itm Potterfield Land Lease ---- 21:00:00
Itm Dymeadow Lease --- 00:08:00
Itm Yorks Parke Lease ---00:10:00
Itm Croksland Lease --- 00:01:00
Itm Desperate debts --- 00:09:00
Itm Odd things --- 00:02:00
Itm a Bad debt in [
.] due from Payton & Some other things forgotten ----- 02:00:00
Suma totalis huius Invenry ------ 142:07:07
References
- ↑ England. Births and Christenings, 1538-1975. (FamilySearch, Ancestry.com, Findmypast).
- ↑ Amphlett, John. An Index to Worcestershire fines, 1649-1717. (Oxford [England]: Printed for the Worcestershire Historical Society by James Parker, l896)
p. 37.
Between Henry Payton plaintiff and Thomas Sharman and Payton &c. defendants in Dudley.
|
|
